Terms & Conditions

Definitions

“ARTIST” refers to: JAMIE McCARTNEY as sole proprietor of McCartney Arts Ltd. The agreement also includes his assistants and co-workers as appropriate.

“CLIENT” refers to: The person(s) commissioning the artwork(s).

“MODEL” refers to: The person(s) whose body parts are used as the positive form to create the mould.

“WORK” refers to: The agreed artwork and the effort required for its pursuit.

Quotes & Prices

Prices on our website do not include shipping.

Prices are ex-vat. UK sales will incur vat at 20%. Items created outside the UK or for export are exempt.

Prices for works for sale are as quoted on this website. Prices seen elsewhere may not be accurate.

(Specifically for Commissions)

Quotes for commissioned works are valid for 30 days, based on the information provided. Deviation from or additions to the quoted work, may result in a price change.

When commissioned work requires outside contractors, such as a bronze foundry or other fabricator, our quotes are understood to be estimates, which may change after the work has commenced. Changes to the original concept or changes in materials costs or other circumstances beyond our control may incur a surcharge. We will only pass on significant changes and will be transparent in explaining their necessity.

Terms

CLIENT agrees that our email trail and paid invoice constitutes our contractual arrangement and your agreement to these terms.

CLIENT understands that limited editions may not be held in stock and will likely need to be made to order. The time frame for completion of orders varies. If outside contractors, such as a bronze foundry or other fabricators, are involved we do not have complete control over timings. We will always work to achieve your desired deadline but can never guarantee a delivery date.

Payment Terms

(a) A minimum payment of 50% is due prior to commencement of any commissioned work. Purchases of limited editions or unique sculptures from our catalogue requires 100% payment in advance.

(b) Any balance is to be paid once the work is completed, prior to being shipped or collected.

(c) A refund (minus any expenses already incurred) may be requested prior to commencement of any work.

(d) No refund can be issued after work has commenced.

The artwork remains the property of the ARTIST until completion and the total price of the work has been paid and funds cleared.

NB The total amount agreed for the job will be owed as soon as the work commences. Cancellation of the work in progress will result in a forfeit of monies paid and any balance due will remain owing. This remaining debt may however be waived or negotiated at the ARTIST’s discretion, dependent on the percentage of the work completed.

Agreement

CLIENT agrees to the following as conditions:

I understand that the process of producing a sculpture is a manual operation, and that individual works may vary and have some imperfections. I agree that the presence of such flaws does not constitute grounds for rejection of a work.

I grant the ARTIST the absolute right and permission to take photographs of the work in progress and the finished artwork in situ to be used in the public domain. This permission includes, without limitation or permission, for the ARTIST to

(a) Use and publish photographs of the artwork without limitation.

(b) To allow their use in film or television productions that may be filmed at the studio.

(c) Copyright and retain all relevant rights to any works created as described in any or all of (a) and (b).

(Specifically for Commissions)

I understand that the ARTIST will retain all moulds and rough casts etc associated with commissioned pieces.

I agree that in the case of portraits the ARTIST may also take photographs of me, to be used as reference materials to complete the work. These images will not be used in any public domain without my expressed permission.

I understand that the process of producing a unique artwork is neither an exact science nor a production line process. The artwork produced may vary from my original conception either for practical or artistic reasons as determined by ARTIST. I acknowledge that I have come to him for his artistic excellence and although he will endeavour to produce the best artwork as he can, as close to my vision as he can, it may not be exactly as I imagined or initially requested. I acknowledge he is the ultimate arbiter of the aesthetics and practicalities of the work. His judgment supersedes any and all other influences in the commissioning process. Variance from my vision does not constitute grounds for rejection of a work.

ARTIST will keep me informed of the progress of the work and discuss with me any significant changes. He will always work with me to resolve any concerns I have and I understand that good communication (by both parties) is key to obtaining the best possible outcome.

Lifecast Process, Health and Safety (If MODEL is the CLIENT)

I understand that the process of making moulds involves covering part(s) of my body with the materials required to make the mould.

I understand that the application of the mould materials and release agents will require physical contact by the ARTIST and/or his assistant(s) with areas of my body which may include intimate parts.

I understand that making the mould may cause some minimal discomfort, irritation or other sensations during the moulding process, during the removal of the mould, or subsequent to removal. The ARTIST expects that this discomfort may include, without limitation:

(a) pulling of hair during mould removal. The ARTIST will give reasonable care and attention to this consideration.

(b) irritation or allergy due to mould materials or agents which aid mould removal.

(c) possible feelings of confinement or claustrophobia depending on the body parts to be cast. I understand that in order to enable removal of the mould(s) and to minimize pulling hair, a mould release agent may be applied to the body parts to be cast and the adjoining areas. I also understand that not all mould material or release agents will necessarily be removed from my body when the mould is removed. I may have to shower or clean up afterwards.

(d) I understand that posing in one position for a prolonged period may become uncomfortable and/or put me at the rare risk for fainting. I represent that I am fit enough to endure the moulding process and in good health. I have no breathing or medical problems that would contribute to dizziness, vertigo or light-headedness. I do not suffer from any allergies to nitrile gloves, plaster, plaster bandage, dental alginate, petroleum jelly, Nivea, baby oil or to any other or alternative moulding or casting materials or release agents etc that I have agreed to the use of.

Release of Liability

I release and discharge the ARTIST, his heirs, executors, assigns and any designee (including any agency, client, broadcaster, periodical, art dealer or gallery or other distributor of media of any kind) from any and all claims and demands arising out of or in connection with the use of photographs, of the artwork, including but not limited to any claims for defamation or invasion of privacy